II 

118TH CONGRESS 

2D SESSION S. 3979 

To amend title 38, United States Code, to make permanent and codify 

the pilot program for use of contract physicians for disability examinations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 19, 2024 

Mr. MORAN (for himself and Mr. KING) introduced the following bill; which 

was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to make permanent 

and codify the pilot program for use of contract physicians for disability examinations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MAKING PERMANENT AND CODIFYING PILOT 

4 PROGRAM FOR USE OF CONTRACT PHYSI5 CIANS FOR DISABILITY EXAMINATIONS. 

6 (a) IN GENERAL.—Subchapter I of chapter 51 of title 

7 38, United States Code, is amended by inserting after sec8 tion 5103A the following new section: 


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1 ‘‘§ 5103B. Use of contract physicians for disability ex2 aminations 

3 ‘‘(a) AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—Examinations with respect 

5 to medical disability of applicants for benefits under 

6 laws administered by the Secretary that are carried 

7 out through the Under Secretary for Benefits may 

8 be made by persons other than employees of the De9 partment. 

10 ‘‘(2) CONTRACTS.—Any examination by a per11 son under paragraph (1) shall be performed pursu12 ant to a contract entered into by the Under Sec13 retary for Benefits with that person. 

14 ‘‘(b) LICENSURE OF CONTRACT HEALTH CARE PRO15 FESSIONALS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding any provi17 sion of law regarding the licensure of health care 

18 professionals, a health care professional described in 

19 paragraph (2) may conduct an examination pursu20 ant to a contract entered into under subsection (a) 

21 at any location in any State so long as the examina22 tion is within the scope of the authorized duties 

23 under such contract. 

24 ‘‘(2) HEALTH CARE PROFESSIONAL DE25 SCRIBED.—A health care professional described in 

26 this paragraph is a person who is eligible for apVerDate Sep 11 2014 21:52 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3979.IS S3979

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1 pointment to a position in the Veterans Health Ad2 ministration covered by section 7402(b) of this title, 

3 who— 

4 ‘‘(A) has a current unrestricted license to 

5 practice the health care profession of the health 

6 care professional; 

7 ‘‘(B) is not barred from practicing such 

8 health care profession in any State; and 

9 ‘‘(C) is performing authorized duties for 

10 the Department pursuant to a contract entered 

11 into under subsection (a). 

12 ‘‘(c) SOURCE OF FUNDS.—Expenses of carrying out 

13 this section, including payments for examination travel 

14 and incidental expenses under the terms and conditions 

15 set forth by section 111 of this title, shall be reimbursed 

16 to the accounts available for the general operating ex17 penses of the Veterans Benefits Administration and infor18 mation technology systems from amounts available to the 

19 Secretary for payment of compensation and pensions. 

20 ‘‘(d) MECHANISM FOR TRANSMITTAL OF NEW AND

21 MATERIAL MEDICAL EVIDENCE INTRODUCED BY APPLI22 CATIONS DURING EXAMINATIONS.—The Secretary shall 

23 establish a mechanism whereby a health care professional 

24 providing an examination under subsection (a) for an ap25 plicant for a benefit described in such subsection can 


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1 transmit to the Secretary medical evidence introduced by 

2 the applicant during such examination that the health care 

3 professional considers new and material to the applica4 tion.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 after the beginning of chapter 51 of such title is amended 

7 by inserting after the item relating to section 5103A the 

8 following new item: 

‘‘5103B. Use of contract physicians for disability examinations.’’. 

9 (c) TERMINATION OF PILOT PROGRAM.—The pilot 

10 program under section 504(a) of the Veterans’ Benefits 

11 Improvements Act of 1996 (Public Law 104–275; 38 

12 U.S.C. 5101 note) is hereby terminated. 

13 (d) REPORT TO CONGRESS.—Not later than 3 years 

14 after the date of the enactment of this Act, the Secretary 

15 of Veterans Affairs shall submit to the Congress a report 

16 on the effect of the use of the authority provided by sec17 tion 5103B of such title, as added by subsection (a), on 

18 the cost, timeliness, and thoroughness of medical disability 

19 examinations. 

Æ 


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